Standard Chartered Bank Online Unit Trust Platform Terms

The Online Unit Trust Platform is an online transaction platform for transacting in Unit Trusts. These Terms contain important information regarding the terms and conditions which will apply to your dealings with us in relation to that service. You should read this document carefully and keep it for future reference.

Certain risks relating to online trading are described in Part B of this document. This document does not disclose or discuss all of the risks, or other significant aspects, of conducting Transactions in Unit Trusts. You should not construe these or any other statements as legal, tax or financial advice.

The Online Unit Trust Platform is an EXECUTION-ONLY platform. If you wish to receive advice from us in relation to transacting in Unit Trusts, you should not use the Online Unit Trust Platform but should instead contact your banker for further information. We are not acting as your investment advisor in respect of any Transaction effected through the Online Unit Trust Platform, and you must not regard it or us as acting in that capacity. You should consult your own independent legal, tax and investment advisors before entering into any Transaction via the Online Unit Trust Platform and only enter into a Transaction if you have fully understood its nature, the contractual relationship into which you are entering, all relevant terms and conditions and the nature and extent of your exposure to loss. You will not be able to execute Transactions on the Online Unit Trust Platform if you have been assessed by us as not possessing the requisite knowledge or experience to trade in Unit Trusts offered on the Online Unit Trust Platform.

Introduction

1.

Introduction to these Terms

1.1

These Terms set out the terms and conditions on which you can use our Online Unit Trust Platform to transact in Unit Trusts. You agree to use the Online Unit Trust Platform only in accordance with these Terms.

1.2

These Terms supplement the Bank's Terms and Conditions, any terms relating to your account with us and all other applicable terms as provided to you by us. Please read the Bank's Terms and Conditions as well as these Terms carefully before you begin using our Online Unit Trust Platform.

1.3

In the event of any inconsistency between any provision of these Terms and any other terms and conditions issued by us, the provision of these Terms will prevail in relation to any matter concerning the Online Unit Trust Platform. However, if there is any conflict between these Terms and the provisions of any relevant Confirmation issued by us, the provisions of the Confirmation will prevail.

1.4

All dealings between you and us are subject to:

a.

compliance with all applicable laws and regulations;

b.

compliance with international and domestic anti-money laundering and counter terrorism laws;

c.

compliance with any conditions for Transactions set by any Service Provider or the manager of the Unit Trust
you are Transacting in; and

d.

in the case of any Confirmation or other record issued to you, the correction of errors and omissions.

2.

Meaning of words and phrases

The meaning of capitalised terms and certain phrases is explained at the end of these Terms.

Part A - Accessing and using the Online Unit Trust Platform

3.

Your access to and use of the Online Unit Trust Platform

3.1

We grant to you a non-exclusive, non-transferable personal right to access and use the Online Unit Trust Platform to transact in Unit Trusts.

3.2

The Online Unit Trust Platform may not be available at certain times. In particular, there will be a daily downtime period (as advised on the Online Unit Trust Platform) when you will not be able to access the Online Unit Trust Platform. We may also periodically shut down the Online Unit Trust Platform and interrupt any automatic functions for the following reasons:

a.

system and software maintenance;

b.

seasonal holidays; and

c.

any other event that we consider requires suspension of the Online Unit Trust Platform.

There are other events that may interrupt or prevent your access to the Online Unit Trust Platform. Please also refer to the important risk disclosures in Part B and our disclaimers and limitations of liability in Part D.

3.3

For the purpose of accessing and using the Online Unit Trust Platform, we grant to you a non-exclusive, non-transferable personal licence in relation to the Software. We do not transfer title to nor grant any interest in the Software to you.

3.4

You may only use the Online Unit Trust Platform, the Software and any other information, services and materials that are available through the Online Unit Trust Platform for your own personal needs. You may not allow or permit any other person to access or use any such information, services or materials or otherwise deal with them for the benefit of any other person or in any way that is not specifically contemplated by these Terms (including by way of downloading, copying, reproducing, adapting, publishing, selling, or distributing them) without our express written consent, which we may grant with or without conditions.

3.5

You agree that before accessing or using the Online Unit Trust Platform while you are outside your country of residency, you will ensure that you would not be breaking any laws, rules or regulations in that other country by doing so.

3.6

We reserve the right to withdraw or suspend your right to access and/or use the Online Unit Trust Platform and/or the Software (or any part of them) at any time without prior notice to or any consent from you and without assigning any reason for that action.

4.

Your Logon ID and other passwords

4.1

You are responsible for the confidentiality and use of your Logon ID and any other passwords that are provided by us or which you may set in relation to the Online Unit Trust Platform. If you become aware of any loss, theft or unauthorised use of your Logon ID or any other password, you must notify us immediately. We may cancel your Logon ID and/or disable your access to the Online Unit Trust Platform at any time without notice.

4.2

If you do not notify us of any loss, theft or unauthorised use of your Logon ID or any other password, or if you do not comply with these Terms, in particular Sections 3.4 and 4, you agree that all risk and liability for any unauthorised Instructions or fraud lies with you alone and that you will indemnify us on demand against all loss, costs and expenses arising from or incurred in connection with such unauthorised Instruction or fraud.

4.3

After placing any order via the Platform, you agree to check that such order has been correctly acknowledged by us.

4.4

Without limiting the generality of the above, you undertake not to reveal your Logon ID or any other password and not to allow any unauthorised person to issue Instructions on your behalf on the Online Unit Trust Platform. You also agree that you will:

a.

not tell anyone your Logon ID or any other password or let anyone find out your Logon ID or other passwords -
even your family and friends;

b.

not let anyone watch you enter your Logon ID or any other password; and

c.

if you can, memorise your Logon ID and passwords and destroy any records of them, or if you cannot memorise them, disguise them in any record in such a way that others will not be able to decode them.

5.

Protection of rights in the Online Unit Trust Platform and other materials

5.1

The Online Unit Trust Platform, Software, Online Trading Materials are proprietary to us and/or our agents, partners, licensors or contractors. All property rights in the Online Trading Materials are protected by copyright in Singapore and/or other countries, among other intellectual property protections that may apply. In addition to any specific conditions described in the schedule to these Terms in respect of any particular Service Provider, you undertake that you:

a.

will keep all Online Trading Materials strictly confidential, except to the extent that they are already in the public domain (other than through a breach of these Terms or any other obligation of confidence);

b.

will respect and protect all rights, title and interest (including all intellectual property rights) in the Online Trading Materials;

c.

will not (electronically or otherwise), and will not attempt to, download, copy, disseminate, re-distribute or re-sell the Online Trading Materials (including any part, copy, adaptation, transcription or merged portion), nor sell, transfer, lease, assign or sub-licence your rights under these Terms;

d.

will not commercially exploit the Online Trading Materials in any manner whatsoever contrary to the intent
and spirit of these Terms; and

e.

without limiting the restrictions above, will not, and will not attempt to:

create derivative works based on, or combine or merge with or into any other software or documentation;

iii)

gain unauthorised access to, make unauthorised use of or make use of for any illegal purpose (or any other purpose that is not contemplated in these Terms); or

iv)

remove, erase or tamper with any copyright or proprietary notice printed or stamped on, affixed to, or encoded or recorded on,

any Online Trading Materials.

You acknowledge that we and/or other third parties may take legal action against you if you breach these undertakings at any time, or if we or such third parties suspect that you have done so. You may also be subject to other fines and penalties in the relevant jurisdiction(s). You undertake to notify us immediately if you become aware of any breach described in this clause 5 or that any action described in clause5(e)is being perpetrated or attempted by another person.

You may also be required by us to notify any relevant third parties of any breach by you of any of the Terms or any of our agreements with any Service Provider that are notified to you. You also authorise us to do so on your behalf.

Part B - Important risk factors

6.

Introduction

6.1

Your access to and use of the Online Unit Trust Platform is at your own risk.

6.2

This Part B provides a summary of certain risks relating to using electronic media, changes in fees, prices and other amounts and allowing others to act on your behalf. There are other risks involved in using the Online Unit Trust Platform and entering into Transactions.

6.3

You must read the risk factors contained in these Terms in conjunction with any other risks factors that we may advise you of from time to time. You should also seek appropriate and independent advice and conduct an independent analysis regarding any proposed Transaction.

7.

Risks relating to the use of the internet or other electronic medium

7.1

Any communication or transaction via or information (including any document) transmitted via the internet or other electronic medium involves risks and by accessing the Online Unit Trust Transaction Platform, you acknowledge that you understand and accept the following risks:

a.

We may use such authentication technologies as we deem appropriate. No authentication, verification or computer security technology is completely secure or safe. You agree to bear all risks of unauthorised access/use, hacking or identity theft.

b.

The internet or other electronic media (including without limitation electronic devices, services of third party telecom service providers such as mobile phones or other handheld trading devices or interactive voice response systems) are an inherently unreliable form of communication, and such unreliability may be beyond our control.

c.

Any information (including any document) transmitted, or communication or transactions made, over the internet or through other electronic media (including electronic devices, services of third party telecom service providers such as mobile phones or other handheld trading devices or interactive voice response systems) may be subject to interruption, transmission blackout, delayed transmission due to data volume, internet traffic, market volatility or incorrect data transmission (including incorrect price quotation) or stoppage of price data feed due to the public nature of the internet or other electronic media.

d.

As a result of such unreliability:

i)

there may be time-lags, delays, failures or loss of data or loss of confidentiality in the transmission of data and receipt of Instructions;

ii)

while we may believe certain data to be reliable, there may be no independent basis for us to verify or contradict the accuracy or completeness of such data; and

iii)

Instructions may be executed at prices different from those prevailing at the time the Instructions were given.

You understand that this is not an exhaustive list of all the consequences arising from such unreliability and you agree that you cannot infer any recommendation or endorsement from any data provided on the Online Unit Trust Platform.

7.2

You are solely responsible for preventing anything which may be harmful to any equipment that you use in connection with the Online Unit Trust Platform (including any computer virus, malicious program or harmful component) from affecting any such equipment, regardless of whether it originated from the Online Unit Trust Platform or any other product or service provided by us or our affiliates.

8.

Risks relating to authorised persons

There are substantial risks in allowing another person to trade or operate any account you have with us, and it is possible that Instructions could be given by persons who are not properly authorised. You accept all of the risks of such an operation and irrevocably release us from all liabilities arising out of or in connection with such Instructions, whether taken by us or otherwise.

9.

Risk of changes that could affect your position

9.1

Changes in prices, rates of exchange, fees, charges and other factors may impact upon your Transactions. We are entitled to act upon your Instructions and you cannot assume that we will warn you if your Instructions are ill-timed or inadvisable for any reason or if the Instructions are likely to cause you loss.

9.2

Before you give any Instruction, you should ensure you understand the financial aspects of the proposed Transaction and obtain a clear explanation of all commission, fees and other charges for which you will be liable. These matters can reduce your net profit (if any) or increase your loss.

Part C - Your commitments

10.

Your acknowledgments

10.1

By accessing and/or using the Online Unit Trust Platform, you acknowledge that;

a.

you have read and understood these Terms and any other terms and conditions that may apply to the Online Unit Trust Transaction Platform or any Transaction, including the Bank’s Terms and Conditions and any disclaimers that appear on, or are linked to, the Online Unit Trust Platform from time to time;

b.

any actions undertaken, including any information or Instructions provided, by a user of your account, Logon ID or other passwords provided to you or that you may set in relation to the Online Unit Trust Platform (whether or not this has been authorised by you) will be deemed to have been provided by you and you will bear all risks relating to your actual and deemed use of the Online Unit Trust Platform and any Transactions, including those set out in Part B;

c.

the Online Unit Trust Platform may not be available when you wish to execute Transactions in relation to Unit Trusts;

d.

the Online Unit Trust Platform will not be free from any fault, error or defects in design or engineering and the transmission speed, format or content of the Online Unit Trust Platform may change without any prior notice;

e.

you shall use a valid Logon ID and password issued us to access the Online Unit Trust Platform;

f.

you shall check that your Instructions have been correctly acknowledged by us after giving any such Instruction via the Online Unit Trust Platform;

g.

an order through the Online Unit Trust Platform will only be accepted by us if all of the information required by us, as notified from time to time to you, has been provided to us, our affiliates or agents;

h.

the Online Unit Trust Platform may automatically reject an Instruction to execute a Transaction, and we shall be entitled in our discretion (without any liability on our part) to reject, stop, intercede or cancel an order, for any reason whatsoever (including but not limited to any circumstances where we believe, in our reasonable opinion, that the execution of such order would be in breach of any applicable laws and regulations or otherwise adversely affect our interests or the interests of our affiliates);

i.

where information made available on the Online Unit Trust Platform:

i)

is provided by a third party, that information is not devised by us or our employees and neither we nor our employees take responsibility for it nor endorse its accuracy; and

ii)

such information may be time delayed and you are responsible for checking the period of delay;

j.

this is an execution-only service and we do not provide investment or other advice. You must rely on your own judgment, assessment or evaluation (with or without the assistance of an adviser) having regard to your financial situation, investment objectives and particular needs before giving any Instructions;

k.

there may be taxes and/or charges payable to relevant authorities in respect to any Instruction given, and you agree to pay such taxes and/or charges as applicable. We do not provide tax or other advice. You should consult your own tax and other professional advisers for such advice;

l.

unless otherwise stipulated by us, we are only acting as your agent in relation to any Transactions and that any Instructions accepted by us will may be effected by us directly or through a third party selected by us, in our discretion, and is in any event subject to the approval of the relevant manager or other person responsible for the relevant Unit Trust; and

m.

there is no assurance that any Instruction will be carried out at any particular price or time, or that it will be carried out at all.

11.

Your representations and warranties

11.1

By accessing and/or using the Online Unit Trust Platform, you represent and warrant that:

a.

any information provided by or deemed to have been provided by you, is authentic, complete, correct and not misleading and agree that we may rely on that information unless and until we receive written notice of any change signed by you or through a facility provided by us (which will also be subject to this representation and warranty);

b.

any record maintained by us relating to your use of the Online Unit Trust Platform will be binding and conclusive on you for all purposes whatsoever and will, in the absence of manifest error, be conclusive evidence of any information and/or data transmitted using the Online Unit Trust Platform. You agree that all such records are admissible in evidence and that you will not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system, and you hereby waive any of your rights (if any) to so object;

c.

you have the power, authority and all necessary licences and approvals to agree to these Terms, and to carry out your obligations under them;

d.

at all times during your dealings with us, you will be in a position to meet all your commitments and obligations arising from those dealings;

e.

you will ensure that any Instruction has been given in compliance with any applicable law and, when in doubt, consult legal advisers and other professionals of the relevant jurisdiction;

f.

you are acting as principal in relation to each Instruction and Transaction;

g.

any funds deposited by you into any account are not impressed with a trust nor lodged in a trustee capacity;

h.

you will not either alone or in conjunction with any other person:

i)

supply or make available or permit to be supplied or made available the Online Unit Trust Platform to any third person;

ii)

store, process or deal with the Online Unit Trust Platform in any way except for your own personal use;

iii)

allow any unauthorised person to gain access to the Online Unit Trust Platform; or

iv)

use the Online Unit Trust Platform to establish, maintain or provide (or assist in establishing, maintaining or providing) an unauthorised market for trading in Unit Trusts;

i.

you will comply with any policies and procedures that may be available on or via the Online Unit Trust Platform in respect of your access and/or use of the Online Unit Trust Platform (as applicable). We may amend these policies and procedures at any time and each amended version will apply as soon as it is made available on or via the Online Unit Trust Platform (or such other effective date that we may specify);

j.

you will provide and maintain, at your own risk and cost, all equipment necessary for accessing and using the Online Unit Trust Platform;

k.

in addition to the provisions in the Bank’s Terms and Conditions Section 1 – Customer Terms, Part B – Operating accounts, paragraph 7.1, you will notify us immediately either in writing or through a facility provided by us of any changes in any information that is relevant to any Instruction, Transaction or proposed Transaction, including:

i)

account details;

ii)

settlement instructions;

iii)

authorised representative(s), including any of the particulars in relation to your authorised representative(s) as set out in the Bank’s Terms and Conditions Section 1  Customer Terms, Part B  Operating accounts, paragraph 7.1 and;

iv)

your tax status in any relevant jurisdiction;

l.

if you are uncertain as to whether your Instructions or any other notice has been received by us, you will make all reasonable attempts to verify whether the Instruction or notice has been received, approved or effected before taking any further action. You also warrant that you will issue specific cancellation or amendment instructions with respect to an existing Instruction and not to attempt to effect such changes by placing a second or duplicate order; and

m.

you will comply with any reasonable direction that we give to you in relation to your compliance with these Terms and/or otherwise in connection with the Online Unit Trust Platform.

11.2

You indemnify us against any claim, liability or loss arising from, and any costs and expenses arising directly or indirectly out of or incurred in connection with any incorrect or misleading representation or warranty.

12.

Your authority, indemnities and other obligations

12.1

In connection with the establishment of these arrangements and the collection of any overdue payments, you authorise us to supply relevant information contained in your application form and other records to a credit reporting agency and to obtain credit reports about you from a credit reporting agency.

12.2

You agree to pay our normal fees and charges for Transactions in Unit Trusts and to reimburse us for any extraneous costs, such as taxes and duties (if applicable), for Transactions made on your behalf. You authorise us to appropriate any credits, payments and other receipts from you or your account in such manner and order as we think fit against any amounts due or owing by you to us or otherwise.

12.3

In addition to the other indemnities in these Terms, you will indemnify us against any claim, liability or loss arising from, and any costs and expenses arising directly or indirectly out of or incurred in connection with undertaking your Instructions or any failure by you to comply with these Terms.

12.4

You acknowledge that we may pay money that we have received for you into a trust account, for example, if we cannot effect payment into your account, and that we retain any interest earned on such money.

Part D - Our disclaimers and limitation of liability

13.

Disclaimers

13.1

We endeavour to ensure the accuracy and reliability of the information provided, but we do not guarantee its accuracy and reliability and accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions. The use of such information is at your sole risk. Such information is provided for personal use only and may not be furnished to any other person or entity (in whole or part) for any reason without prior written consent, which consent may be conditional. If you are in any doubt about how you can use such information, please contact us.

13.2

We do not guarantee the timeliness, sequence, accuracy, adequacy, consistency or completeness of any information provided on or via the Online Unit Trust Platform and any such information is provided on an "as is", "as available" basis. In particular, we do not give:

a.

any express or implied warranties (including warranties of merchantability or fitness for a particular use) with respect to such information; or

b.

any express or implied warranties, representations or undertakings with respect to the prices available from the Online Unit Trust Platform (including, without limitation, any warranty, representation or undertaking that such prices are real-time market quotes or best available market prices).

13.3

The Online Trading Materials may be derived from third party products. No third party makes any warranty to you, assumes any responsibility or undertakes to provide any support with respect to the Online Trading Materials.

14.

Liability excluded

14.1

If our liability (or the liability of any provider of information) for a breach of a right or term implied by law in a relevant jurisdiction (whether by statute or otherwise) is capable of exclusion, it is hereby excluded.

14.2

In addition to the limitation set out in clauses 13 and 14.1 and elsewhere in these Terms, neither we nor our suppliers be liable to you or any other person for any loss, damage, cost or expense whether direct, indirect, consequential, special, punitive, exemplary or economic (and whether or not caused by our negligence or the negligence of any provider of information) which arises in tort, contract or otherwise in connection with anyone or more of the following:

a.

your use of the Online Unit Trust Platform, including your reliance on any research, information, advice or recommendation provided on or via the Online Unit Trust Platform;

b.

our acting in accordance with Instructions provided by or deemed to have been provided by you;

c.

any unauthorised use of your Logon ID or other passwords;

d.

any fault, error or defect in design or engineering of the Online Unit Trust Platform or any delay, fault, failure in or loss of access to the Online Unit Trust Platform;

e.

any inaccuracy, error, delay or interruption in, omission from or unreliability of any information provided on or via the Online Unit Trust Platform (or any related message), or its transmission or delivery;

f.

any delay or non-performance by us or other event resulting from the unreliable nature of the internet or other electronic medium and other matters beyond our reasonable control;

g.

our exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy that is available to usunder these Terms;

h.

any acts or omissions of the Service Provider, any broker we use or any other person in relation to the Online Unit Trust Platform;

i.

any loss of profits, loss of data or use of equipment; or

j.

any other matter arising from or related to the subject matter of these Terms.

15.

No proceedings to be instituted, attempted or threatened

You agree that you will not commence, or attempt or threaten to commence, any proceedings, action or claim (including any claim for compensation or costs) against us or any of our suppliers in any jurisdiction for the recovery of any loss, damage, cost or expense, or in relation to any liability, described in clause 13, 14 or the schedule to these Terms.

16.

Where our ability to exclude liability is limited by law

If our liability in relation to any matter relating to or arising in connection with the Online Unit Trust Platform is capable of limitation (but not exclusion), it is hereby limited to the maximum extent that is permitted by law.

Part E - General terms

17.

Variation

17.1

We may vary these Terms (including altering or deleting a provision of these Terms or adding a new provision to these Terms) at any time in our discretion.

17.2

Except where stated otherwise in these Terms, any variation of these Terms will apply to all dealings between us on and from the day on which the variation takes effect.

17.3

We may vary these Terms upon notice and in the manner set out in the Bank’s Terms and Conditions, and/or by posting such variation on the Online Unit Trust Platform or the Website. We do not need to give you advance notice where any variation of these Terms is required to comply with any legal, regulatory or other requirement, or to restore or maintain the security of our systems or accounts.

18.

Termination

18.1

Subject to our other rights under these Terms and the completion of any outstanding obligations, either party may terminate these Terms by giving written notice to the other party. Termination will not affect any rights or obligations accrued prior to termination.

18.2

Upon the termination of these Terms for any reason, you must cease using the Online Unit Trust Platform and return to us any and all machine-readable material containing databases, software programs or related documentation provided by us or any Service Provider, and you must expunge all data storage facilities. You agree to certify to us in writing your compliance with this paragraph if we ask you to do so at any time.

19.

Approvals and consents

By giving our approval or consent in relation to any matter, we do not make or give any warranty or representation as to any circumstance relating to the subject matter of the consent or approval.

20.

Conflict of interest

Our rights and remedies under these Terms (and otherwise in relation to the Online Unit Trust Platform) may be exercised even if this involves a conflict of duty or any person has a personal interest in their exercise.

21.

Rights, remedies and obligations

21.1

Except as otherwise set out in this agreement, any partial exercise, failure to exercise, or delay in exercising, a right or remedy provided under these Terms or by law by us does not operate as a waiver or prevent or restrict any further or other exercise of that or any other right or remedy in accordance with these Terms.

21.2

Our rights and remedies under these Terms are in addition to other rights and remedies given by law independently of these Terms and may not be waived except in writing.

21.3

Rights given to the parties under these Terms and the parties’ liabilities under it are not affected by anything which might otherwise affect them by law.

22.

Indemnities

The indemnities in these Terms are continuing obligations, independent from the other obligations of the parties under these Terms and continue after these Terms end. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this agreement.

23.

Headings

the contrary intention appears, the headings used in these Terms are for convenience only and do not affect the interpretation
of these Terms.

24.

Meaning of certain words

These meanings apply unless the contrary intention appears.

Bank's Terms and Conditions means the Customer Terms, Current/ Cheque/ Savings Account and Time Deposit Terms, the Investment Products Terms and the Online Trading Terms, and any other prevailing terms application to your account with the Bank, as amended from time to time.

Confirmation means the confirmation, if any, which we issue or may issue in relation to a Transaction.

Instruction means any instruction in relation to entering into a Transaction and “Instruct” has the corresponding meaning.

Online Trading Materials means marketing information and other materials available on or via the Online Unit Trust Platform.

Online Unit Trust Platform means the transaction and information services accessed via the Website or such other facility provided by (or on behalf of) us, which enables you to give electronic Instructions in relation to Transactions in accordance with these Terms, and to receive information and related services.

Service Provider means each third party service provider nominated by us to provide information or other products and services on or via the Online Unit Trust Platform, including each of the entities specified in the schedule to these Terms.

Software means the software (including any files, images, tables and data incorporated in or generated by the software and data accompanying the software) comprised in the Online Unit Trust Platform.

Unit Trusts means units in collective investment schemes and any other products designated by us as “Unit Trusts” from time to time for the purposes of these Terms (whether on the Online Unit Trust Platform or otherwise).

we means Standard Chartered Bank and the terms “us” and “our” have the corresponding meaning.

you means each person who signs the application form completed by you in relation to the Online Unit Trust Platform as the client and whose application is accepted by us, and to the extent relevant includes each of your authorised representatives, and the term “your” has the corresponding meaning.

25.

Meaning of certain phrases

Unless the contrary intention appears, a reference in this agreement to:

a.

(clauses) a clause is a reference to a clause in these Terms;

b.

(variations or replacements) a document (including these Terms) includes any variation or replacement of it;

c.

(singular includes plural) the singular includes the plural and vice versa;

d.

(person) the word “person“ includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association or any government agency;

e.

(executors, administrators, successors) a particular person includes a reference to the persons executors, administrators, successors, substitutes (including persons taking by novation) and assigns;

f.

(two or more persons) an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually;

g.

(jointly and individually) an agreement, representation or warranty by two or more persons binds them jointly and each
of them individually;

h.

(calculation of time) a period of time dating from a given day or the day of an act or event, it is to be calculated exclusive of that day;

i.

(reference to a day) a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later;

j.

(reference to a group of persons) a group of persons or things is a reference to any two or more of them jointly and to each of them individually;

k.

(meaning not limited) the words “include“, “including“, “for example“ or “such as“ when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of a similar kind; and

l.

(reference to any thing) any thing (including any amount) is a reference to the whole and each part of it.